Your-Rights-in-a-Global-Pandemic


Your-Rights-in-a-Global-Pandemic



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THE LEGAL
ASSISTANCE
CENTRE
LEGAL ASSISTANCE CENTRE

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This publication was produced by the
Legal Assistance Centre, on Your Rights
in Namibia, during the global Covid-19
pandemic. All research done herein
was undertaken by the LAC, with
reference to all relevant local
Government
publications
and
statements issued during the time.
Content contributors:
Toni Hancox, Dianne Hubbard, Corinna
van Wyk, Sharen Zenda, Yolande
Engelbrecht, Bradley Khoa, Immanuel
Tomas, and Dandago !Gaoses.
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Till GOINS WIMTUTTIONAL
OWE WILEW
WHAT IS A STATE OF EMERGENCY?
A state of emergency is a special and specific period of time during
which a government is empowered to perform actions, or impose
policies that would not be permitted in the ordinary course of events.
Article 26 of the Namibian Constitution authorises the President to
declare a state of emergency by Proclamation in the Government
Gazette in all or specific parts of Namibia “at a time of national
disaster or during a state of national defence or public emergency”.
WHAT IS THE PROCESS OF DECLARING A STATE OF EMERGENCY?
As a safeguard, a declaration of a state of emergency must be
confirmed by a two-thirds majority of all the members of the
National Assembly. Without this confirmation, the state of
emergency lapses within 7 days (if the National Assembly is sitting)
or within 30 days (if the National Assembly is not sitting). If the
National Assembly approves the state of emergency, it can remain
in place for up to six months — and it can be extended for six months
at a time by subsequent resolutions of a two-thirds majority of the
members of the National Assembly. The National Assembly may also
vote to revoke a state of emergency at any time. The National
Assembly has already confirmed the current state of emergency.
WHAT IS THE PURPOSE OF A STATE OF EMERGENCY?
In terms of the Constitution, the President has the power during a
state of emergency to make such regulations by Proclamation as
are necessary in his or her opinion for the protection of national
security, public safety and the maintenance of law and order. Any
such Proclamation will have to be approved by the National
Assembly by resolution, within 14 days of the National Assembly
sitting after the President issues the Proclamation. Without this
approval, the President's regulations would automatically lapse. This
allows for quicker action than the usual law-making process.
WHAT EFFECT DOES THE STATE OF EMERGENCY HAVE ON
CONSTITUTIONAL RIGHTS?
A Proclamation by the President during a state of emergency may
restrict the fundamental human rights of people within Namibia —
but only insofar as this is reasonably justifiable to deal with the
emergency situation. Any such proclamation that affects
constitutional rights must be of general application, must not take

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away the essential content of such rights, must not be aimed at a
particular individual, must specify the extent of the limitation, and
must identify the authority in terms of the Constitution to enact such
a regulation.
WHAT DOES THE RIGHT TO PRIVACY ENTAIL IN THE NAMIBIAN
CONTEXT?
The right to privacy is guaranteed under article 13 of the Namibian
Constitution. No one may interfere with the privacy of a person’s
home, correspondence or communications unless it is for legitimate
purposes such as the protection of public health or safety.
THERE HAVE BEEN CALLS TO DISCLOSE THE NAMES AND PERSONAL
DETAILS OF PEOPLE WHO HAVE TESTED POSITIVE FOR COVID-19 ON
SOCIAL MEDIA PLATFORMS. IS THIS ALLOWED?
Revealing the health status of a person is unlawful and very possibly
unconstitutional as well. Furthermore, all medical practitioners
dealing with such patients are bound by doctor-patient
confidentiality and cannot reveal any medical information
pertaining to the patient. Doing so will cause unnecessary stigma to
the person affected as well as their family.
DOES THE GOVERNMENT NOT HAVE A DUTY TO REVEAL THE NAMES OF
THE AFFECTED PERSONS TO THE PUBLIC UNDER ARTICLE 13 OF THE
CONSTITUTION TO PROTECT PUBLIC HEALTH DURING THIS COVID-19
OUTBREAK?
There is no justification at this point in time to reveal any such
information. Past experience has shown how the disclosure of
people’s HIV statuses led to stigmatization and many social
problems for the affected person. To avoid the same situation in
respect of Covid-19, it is advisable to refrain from publishing such
information, as it will serve no purpose. We have to trust that the
government will inform those potentially exoosed to COVID-19 in
person to facilitate testing and further action. The public must refrain
from publicising information pertaining to people who are infected
with COVID-19 as it is a violation of their right to privacy. All
information relating to patients must be kept confidential and on a
need to know basis.
IS OUR FREEDOM OF MOVEMENT LIMITED? DOES THIS IMPACT
FREEDOM OF ASSOCIATION?
As long as the emergency regulations issued by the President of
Namibia are done in terms of the Namibian Constitution, freedom of
movement can be limited. Freedom of movement (Art 21(1)(g)) is one
of the constitutional rights that can be restricted during an
emergency. The lockdown applies to the entire country — which
means that no person may enter or leave the regions unless they
have obtained permission to do so under certain special
circumstances.

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The freedom to associate (Art 21(1)(e)) primarily relates to your right
to form, join, or leave a collective, association or group. This also
covers your right to take collective action as a group. An example
would be a trade union or a political party. The freedom of
association cannot be restricted under a state of emergency. The
regulations enacted for the state of emergency may have an impact
on how such associations meet and organize, but the freedom is not
affected in essence.
Note that the Constitution allows for restrictions on the freedom to
assemble (Art 21(1)(d)) during a state of emergency. This reinforces
the position that freedom of association cannot be denied, but that
it is permissible to place some limitations on how the association
meets - inthe form of the prohibition on large gatherings and on the
movement of persons.
CAN ALL CONSTITUTIONAL RIGHTS BE SUSPENDED DURING A STATE
OF EMERGENCY?
No. There are some rights than can never be taken away, not even
during a state of emergency — including (amongst others) the right
to life, the right to human dignity, the right to equality, freedom from
discrimination, the right to a fair trial, freedom of speech and
thought, freedom of association, and the right of access to lawyers
and courts.
WHAT IMPACT DOES THE STATE OF EMERGENCY HAVE ON THE
OVERALL ACCESS TO JUSTICE?
At the present stage of the lockdown, the attainment of justice, be it
criminal or civil, will only be impacted in terms of a possible delay.
The Office of the Judiciary, the Ministry of Justice, and related offices
have published additional regulations detailing business continuity
plans. The High Court Registrar staff are still operating with some
restrictions and limited working hours, to protect the staff while
ensuring the continuity of Court processes. The Court still sits for all
urgent matters. Matters that are not urgent will be delayed or dealt
with remotely. The magistrates’ courts have implemented similar
measures to ensure continuity of court processes. The courts will
continue with first appearances and bail applications, which
concern essential constitutional rights. The courts will also continue
to deal with domestic violence protection orders and child
protection proceedings.
CAN A PERSON BE DETAINED WITHOUT TRIAL UNDER A STATE OF
EMERGENCY?
During a state of emergency, people over age 16 can be detained
without trial — but the Constitution also provides special protections
for people who are detained during states of emergency. If detention
without trial is introduced to deal with an emergency, the President

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must set up an Advisory Board consisting of up to five persons,
including at least three persons who are judges or persons qualified
to serve as judges —- and who must be appointed on the
recommendation of the Judicial Service Commission. This Advisory
Board would be required to review all detentions without trial not
more than one month after the person in question was detained, and
again at intervals of not more than three months — and would have
a duty to order release from detention in any case where it found
that continuing detention was not reasonably necessary for the
purposes of the emergency. The current emergency regulations do
not provide for detention without trial.
HAS NAMIBIA EVER HAD A STATE OF EMERGENCY BEFORE?
Yes. There have been three previous states of emergency under
Article 26(1) of the Constitution: to deal with the secession attempt in
the Caprivi in 1999, to deal with the national drought in 2016, and to
deal with the national drought in 2019.
WHAT EFFECT DOES THE LOCKDOWN AND STATE OF EMERGENCY
HAVE ON YOUR JOB/WORK?
Under the regulations promulgated by the President, the President
declared a range of services as essential. This means that all persons
involved in service provision in these fields can get governmental
permission to continue limited operations, in line with the regulations
and any additional measures that may be announced by the
relevant line ministry. In addition, the Ministry of Industrialisation and
Trade implemented a procedure for business to submit applications
for ministerial consideration to allow the businesses to operate
during the state of emergency and lockdown. All businesses which
have not been declared as an essential service must submit this
application and obtain permission in order to continue to operate.
The procedure is designed to minimise risk to the lives of employees,
customers and clients.
All persons should be aware of the constitutional rights that can be
restricted, and those which may not. If any important violation of
constitutional rights takes place, the person affected will not be
without recourse.
By the same token, persons who violate the emergency regulations
may face penalties. All citizens are urged to comply with the
emergency regulations to keep everyone in Namibia safe and
healthy.

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LOCIKDOW.N AAINID ©BW/
WHY DO WE NEED TO BE CONCERNED ABOUT GBV DURING THE
CURRENT LOCKDOWN?
People who are confined in their homes are likely to feel frustrated,
and they may vent these feelings on their children, soouses or family
members. Having children and adults at home all day long may
increase family conflict, with houses and communities being more
crowded than usual. Victims of domestic violence may find
themselves more isolated from the community during this time, and
they may find it harder to reach out for help while their abusers are
nearby.
WON’T THE RESTRICTIONS ON THE SALE OF ALCOHOL POSSIBLY
REDUCE GBV?
It might, in some cases. In other cases, this may just lead to more
frustration that could intensify violence. Namibia has never had a
lockdown such as the present one before, so we do not know what to
expect.
CAN A VICTIM OF DOMESTIC VIOLENCE GET HELP FROM THE POLICE
AND THE COURTS DURING THE LOCKDOWN?
Yes, the police and the courts are both essential services. Although
many court cases which are not urgent are being postponed during
the lockdown, the magistrates’ courts remain open to ensure access
to justice. This means that the courts are available to provide
protection orders, which are generally urgent in nature. In fact, the
Chief Justice has issued directives which specifically state that
magistrates’ courts will continue to deal with applications for interim
protection orders under the domestic violence law during the
lockdown — as well as any urgent applications under the Child Care
and Protection Act relating to a child in need of protective services.
WHAT ABOUT NGOS THAT PROVIDE SERVICES TO VICTIMS OF GBV?
Many organisations continue to provide access to services by
telephone, SMS or email. All information contained in the infographic
on the next page.
WHAT ELSE CAN PEOPLE DO IF THEY ARE EXPERIENCING DOMESTIC
VIOLENCE?
Don’t be shy to reach out for help. You can call out to a close
neighbour for help. You can telephone a family member, a pastor or
police for help. If you do not want to be overheard, send an SMS to
one of the NGOs that is still operating and delete it before anyone
else sees it.

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metoo.
Namibia
We're here to. helo!
BEL ESPRIT
With access to a team of multi-
disciplinary professionals, the Bel Esprit
Mental Health Hospital is open to assist
survivors seeking psychological
assistance.
To reach out, contact 0833300945,
Ned
Taehiigmee
THE REGAIN TRUST
The Regain Trust offers free
counselling and referrals to
survivors of SGBV. To reach
out, contact the following
numbers:
Khomas: 08170332703
Omusati: 0815584004
Erongo: 0815584008
THE LEGAL ASSISTANCE
CENTRE
As the first public interest law firm in
Namibia, the Legal Assistance Centre's
main objective is to protect the human
rights of all Namibians.
For free legal assistance,
contact 0813118439 or
bkhoa@lac.org.na
LIFELINE/CHILDLINE
To report abuse or to seek psychosocial
support, the Lifeline/Childline
collaboration with the Ministry of
Gender Equality, Poverty Eradication
and Social Welfare operates a toll-free
GBYV helpline.
The number is 106
THE NAMIBIAN WOMEN
LAWYERS ASSOCIATION
Aimed at cementing the footprint
of women lawyer in communities
through pro bono work, the
Namibian Women Lawyers
Association provides free legal
support to survivors of SGBV.
To reach out, contact 0811298620
OUR TEAM
The #MetooNamibia Movement is a
coalition of several institutional partners
whose main aim is to provide legal and
psychosocial support to survivors of
SGBV.
To reach out, contact 0813511979.

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SIEGUIRITINY FORGES
BERAWIOUR DURING COVID=19
WHO ARE SECURITY FORCE MEMBERS?
security forces in Namibia refer to all uniformed officers employed by
the Ministry of Home Affairs, Immigration, Safety and Security as well
as uniformed officers employed by the Minister of Defense and
Veteran Affairs. This will be police, soldiers, correctional services
officers, traffic officers, immigration and customs officials and other
persons necessary for the success of Namibia’s response to the
pandemic.
ARE SECURITY FORCES INCLUDED OR EXEMPTED FROM THE
LOCKDOWN?
Security forces are exempted by virtue of their classification as
critical services under the State of Emergency - COVID-19
Regulations (Proclamation No. 9 of 28 March 2020, section 10(1) read
together with Annexure B, part 1(15)) in that they are “safety and
security services protecting people and property” for the duration of
the lockdown period. These officers facilitate the emergency
procedures and are therefore exempted to allow them to perform
their duties.
HOW ARE SECURITY OFFICIALS EXPECTED TO BEHAVE DURING THE
PERIOD OF LOCKDOWN IN RELATION TO CITIZENS?
For the duration of the lockdown period, security forces are expected
to act within their mandates to ensure compliance with security
measures, and to counter the State Public Health Emergency by
assisting the Ministry of Health and Social Services in the fight against
Covid-19. In essence security forces are expected to act in
accordance with their empowering legislation, and particularly with
the Namibian Constitution. Security forces are expected, in carrying
out their designated duties, to ensure that no human rights violations
occur and to remember that some key constitutional rights cannot
be suspended during a state of emergency. For instance, even
during a state of emergency, no one may be subjected to torture or
to cruel, inhuman or degrading treatment or punishment and
freedom of speech may not be infringed.
ARE SECURITY FORCES ALLOWED TO USE FORCE AGAINST CIVILIANS
IN MAKING THEM COMPLY WITH THE SECURITY MEASURES SET UP TO
CURB THE SPREAD OF COVID-19?
With regard use of force, security forces have an obligation to
exercise restraint in such use and act in proportion to the seriousness
of the offence and the legitimate objective to be achieved. In other
words, security forces are permitted to use only those measures that

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are reasonable in light of the outcome they seek to achieve. The use
of force should be used only with the greatest restraint.
A state of emergency and a lockdown should not be used as a
justification for human rights violations. In terms of the emergency
regulations, security forces are authorised to act only to maintain the
safety and security of persons and property. Even though the use of
force is occasionally unavoidable, every security force member
should refrain from inflicting unnecessary pain or suffering and
should not engage in cruel, degrading, or innuman treatment of any
person.
Physically apprehending a person who is unwilling to comply with a
legally legitimate instruction to disperse from a public gathering
could justify reasonable force, but blatantly approaching a person
who is complying with the lockdown guidelines (such as someone
who is physically exercising alone) and physically assaulting such a
person is not justifiable and is grounds for seeking redress.
IF A SECURITY FORCE MEMBER BEHAVES CONTRARY TO THE
GUIDELINES THAT GOVERN THEM DURING LOCKDOWN, WHAT CAN
YOU DO?
There are several institutions which hold security forces accountable.
One platform for access to justice is to approach the courts.
Depending on the remedy sought in a case involving the
constitutional violation of a person's rights due to the behaviour of a
security force member, there are two options available: (1) The
complainant can lodge a criminal case against the security force
member. (2) The complainant can alternatively, or at the same time,
bring a civil case for damages for the violation which occurred.
Another official avenue of redress is the Ombudsman, who has the
duty to investigate complaints concerning alleged or apparent
violations of fundamental rights and freedoms, abuse of power, or
unfair, harsh, insensitive or discourteous treatment of an inhabitant
of Namibia by an official in the employ of any organ of Government.
Civil society organisations such as the Legal Assistance Centre may
also be able to provide assistance. The LAC conducts internal
screening procedures and may be able to assist in cases which are
in the public interest (in that they are likely to impact society in
general and not just the individual involved).
WHAT ARE MY OBLIGATIONS AS A CITIZEN DURING THE PERIOD OF
LOCKDOWN?
All persons in Namibia should play their part in curbing the spread of
Covid-19 by treating the regulatory framework with the absolute
seriousness it deserves. We all have a duty to help protect each
other. All members of the public should do their best to stay informed
of the Covid-19 issues, remain calm, and follow the preventative

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measures such as social distancing, and regular hand-washing and
sanitizing, to avoid the spreading or contracting of Covid-19.
Everyone should avoid leaving the safety of their home, and
particularly avoid overcrowded places which increase the risk of
being exposed to infection measures.
Where the authorized officials give legitimate instructions in line with
the published regulations and guidelines, it is the responsibility of
every person to obey. A violation of the emergency regulations can
be punished by a fine or imprisonment, or both.
WHAT HAS THE LEGAL ASSISTANCE CENTRE DONE TO ENSURE THAT
SECURITY FORCES ARE ADHERING TO THE LAW?
We have issued two press statements: the first to raise awareness
about the constitutional framework for states of emergency and the
implications for constitutional rights, and the second in which we
urge security forces to abstain from behavior that violates any
person’s human rights during the State of Emergency and lockdown.
Our intention was to ensure that the confidence and trust of all
persons in the rule of law is not misplaced. This is further cemented
by endeavours such as publishing this information to inform the
public of their rights and the permissible limitations on rights.
LN BOUT (AWAY (INI ZA TTbMlle
OF GOVID=119
WHO PRECISELY HAS BEEN REQUESTED TO REMAIN HOME DURING THE
LOCKDOWN?
Any and all personnel working for non-critical services have been
instructed to remain at home during the lockdown period. Where
employees are able to work from home, employers may assign tasks
for these employees to complete during the lockdown. If the service
being provided is critical, it is still encouraged that employees work
from home as far as is practicably possible. However, critical service
personnel might be required to come to work from time to time.
Employers must ensure that only the minimum number of
employees that are required to render the essential service
uninterruptedly must be on site. Examples of critical services include
Healthcare services; police, military and emergency services; and
legal and financial services.
WHAT ARE THE RISKS FACED WHEN EMPLOYEES REMAIN HOME
DURING THE LOCKDOWN?
some of the challenges that have been noted thus far are:
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a) Some employees are being forced to take annual leave or
unpaid leave for the period of lockdown.
b) Some businesses are not coping and may have to close their
doors permanently or reduce their workforce - they may, therefore,
opt to retrench some or all employees or declare bankruptcy.
CAN AN EMPLOYER FORCE EMPLOYEES TO TAKE THEIR ANNUAL LEAVE
DURING THE LOCKDOWN PERIOD?
The Labour Act provides allows the employer to determine when
annual leave is taken. It does not seem to necessitate a consultative
process when deciding on this. (For example, some employers
require their employees to take annual leave during the festive
season each year.) The Ministry of Labour, Industrial Relations and
Employment Creation did, however, note with concern that certain
employers are forcing their employees to take annual leave during
the lockdown. The position taken by the Ministry is that these
practices should be avoided at all costs, and that if any kind of leave
is necessitated during these times, it should be mutually agreed
upon.
CAN AN EMPLOYER FORCE EMPLOYEES TO TAKE UNPAID LEAVE?
Annual leave should be clearly distinguished from unpaid leave. The
Ministry of Labour, Trade and Industrialisation makes this explicitly
clear in their statement. It is illegal to force workers to take unpaid
leave. This is in keeping with the Labour Act, which does not provide
for unpaid leave. Thus, both employers and employees should be
aware that no employer has a right to force workers to take unpaid
leave.
CAN THE EMPLOYER RETRENCH EMPLOYEES DURING THE LOCKDOWN?
If an employer intends to reduce the workforce for economic or
technological reasons, or because of the business if being
discontinued, the employer must inform both the Labour
Commissioner and any trade union that has been recognised as the
exclusive bargaining agent of the employees. This notice must be
given four weeks in advance, and must clearly state the reasons for
the need to reduce the workforce, how many workers will be affected,
the categories of workers who will be affected, and the date on which
the dismissals will take place.
Not all workers have trade unions; if there is no trade union, the
employer must inform elected workplace representatives and the
affected employees of all of the same details which would be given
to a trade union. If the four weeks’ notice is impracticable (which
might be the case under the economic constraints), a shorter notice
period may be allowed.

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The employer is expected to negotiate in good faith with the trade
unions/ workplace representatives on:
* alternatives to dismissals
* the criteria for selecting the employees for dismissal;
- how to minimise the dismissals;
* the conditions on which the dismissals are to take place; and
* how to avert the adverse effects of the dismissals.
The employees to be retrenched must be selected in accordance
with criteria that are fair and objective. There is an obligation on an
employer to undertake a consultative process. This means that an
employer cannot unilaterally implement retrenchment, without
providing the affected parties the opportunity to engage and
negotiate, to mitigate the negative impacts of the proposed
retrenchment on the workforce.
To alleviate some of the pressure placed on businesses during this
unprecedented time, the Ministry of Finance, through its Economic
Stimulus and Relief Package, has undertaken to offer wage subsidies
to the hardest-hit sectors in the hopes of preventing or minimising
retrenchments. The idea is to assist these sectors to keep their
employees on board. This initiative will cover construction, tourism,
travel and aviation, and the government has set aside N$400 million
for this subsidy.
Another option provided for in the Economic Stimulus and Relief
Package is the renegotiation of salaries to prevent major
retrenchments and business closures. Employers, including
Government, are allowed to negotiate temporary 20% reductions in
salaries and wages during the crisis period, and 40% reductions in
the industries which have been the hardest-hit. Such negotiations
must be undertaken through a consultative process with employees
and labour unions. Employers are encouraged to consider alll
possible options before resorting to retrenchment.
WHAT HAPPENS TO EMPLOYEES IF THE BUSINESS CLOSES
COMPLETELY DUE TO FINANCIAL LOSS DURING THE COVID-19
LOCKDOWN?
If a business goes bankrupt, the business will be sequestrated.
Sequestration is the process where an estate is registered with the
Master and administered for the benefit of the business’s creditors.
Employees who lose their jobs as a result of this process will be
entitled to claim compensation from the insolvent estate for any loss
suffered because their employment contract was terminated. The
assets remaining after the payment of outstanding debts must be
used to cover the costs of sequestration, the costs of execution and
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any outstanding statutory obligations (such as payments in terms of
the Workmen's Compensation Act or the Income Tax Act). Whatever
is left after these expenses are covered will then be used to pay
salaries.
Employees in the informal sector who lose income during this time,
will be eligible for the Emergency Income Grant. For those in the
formal sector who lose their jobs or face reduced income, the Social
security Commission and other schemes to be initiated by
Government will offer assistance.
The government has acknowledged the financial pressures on
businesses during this COVID-19 crisis, and has introduced measures
through the Economic Stimulus and Relief Package, to alleviate cash
flow problems that businesses might face during this time. These
measures include the accelerated repayment of some VAT refunds
and invoices for goods and services. Some special loan schemes are
also being provided.
DO THE LIMITATIONS MENTIONED ABOVE APPLY TO CONTRACT AND
CASUAL WORKERS?
a) Domestic Workers?
The Labour Act and all labour regulations and guidelines apply to all
employees. This includes domestic workers, who are classified as
employees.
The statement released by the Ministry urges employers who have
sent employees home to curb the spread of the virus, to recall these
workers once the lockdown period is over. It must also be noted that
the Ministry has encouraged employers across ALL sectors to ensure
that their employees are remunerated in full for March and April
2020. Domestic workers and any other vulnerable groups of
employees are also covered by this statement. Employers are
advised that domestic workers are amongst the most vulnerable of
workers. We, therefore, plead with employers to do right by the
persons who ensure that their living soaces and loved ones are well
taken care of.
b) Security Guards
Security services from private security firms have been classified as
an essential service. Therefore, most security guards will be working
during the lockdown periods. The guidelines on protective gear and
a safe working environment (outlined below) are important for this
sector.
WHAT OTHER RESPONSIBILITIES DO EMPLOYERS HAVE IN TERMS OF
THE COVID-19 PANDEMIC?
Every employer is obliged to provide a working environment that:

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- is safe;
« is without risk to the health of employees; and
* has adequate facilities and arrangements for the welfare of
employees.
Employers are obligated to provide employees with adequate
protective clothing and equipment, and with the necessary
information and training to work without posing a risk to their health.
They also have a duty to make sure that the organisation of work,
including the hours of work and mealtimes, does not compromise
the health of employees. It must be noted that all these interventions
are at the expense of the employer. The employee is not required to
bear any part of the cost.
Taken in the context of the current pandemic, this would mean that
employers would have to provide any protective equipment that the
situation may require, including access to hand sanitizers, soap,
running water, and possibly even masks. Employers must also
ensure that workspaces are clean and that surfaces such as phones
and desks are cleaned with disinfectant. It would also be necessary
to ensure that workers can adhere to social distancing while
performing their duties, which can be done by rotating the times at
which employees come into work or adjusting workspaces to ensure
that facilities are not overcrowded. Information dissemination is
essential during these times and employers are encouraged to
educate their employees on preventative measures to curb the
spread of the virus.
These measures are in keeping with the precautionary measures at
the workplace regarding coronavirus released by the Ministry of
Labour, Industrial Relations and Employment Creation and the World
Health Organisation.
IS THERE ANY FINANCIAL SUPPORT AVAILABLE FOR SELF-EMPLOYED
PERSONS IN THE INFORMAL SECTOR AND EMPLOYED PERSON WHO
LOSE THEIR JOBS OR SOME OF THEIR INCOME?
Through its Economic Stimulus and Relief Package, the Ministry of
Finance is offering a once-off payment of N$750 in the form of an
emergency income grant. This grant is available to person who:
- is employed or self-employed in the informal sector and was
earning an annual income below the tax threshold of N$50 000 per
year;
* has lost income during the lockdown;
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* is a Namibian citizen between the ages of 18 and 59; and
- does not receive any other social grants or government support
(including assistance to students from NSFAF).
For those with incomes above the tax-paying threshold, Government
is in the process of developing tax back loan schemes to assist
employed or self-employed individuals in the 18-to-59 age bracket
who lose their jobs or some of their income during the pandemic.
Taxpayers will be able to borrow an amount equal to 1/12th of their tax
payment in the previous tax year (in other words, one month's share
of their taxes), to be repaid after one year.
People are warned not to attempt to abuse the financial support
processes. There will be a strict vetting process to make sure anyone
who applies for the proposed relief meets all the stipulated
requirements.
WHERE DO YOU APPLY FOR THE EMERGENCY INCOME GRANT?
To apply for the grant, you should send the letters EIG to 141222, or you
can dial *140*222#. You will be asked to provide details like your
surname, ID number, level of income, etc. MTC will be processing the
information, so in the event you do not have an MTC number, please
use the MTC number of someone you can trust to take part in the
process. If you do not have a cell phone, please use the cell phone of
someone you can trust. One cell phone number can process more
than one application. You do not need to have a bank account to
receive the grant, as all the money will be sent via e-token. The
process from application to the receipt of the money should take
about 72 hours. The cut-off date for applications is 30 April 2020 at
11:00.
CAN AN EMPLOYEE RESIGN DURING THE LOCKDOWN?
There does not seem to be any rule preventing an employee from
resigning during the lockdown. All of the normal rules about
resignations in the Labour Act and in any relevant employment
contract would apply.
However, certain classes of employees - such as doctors and nurses
- take an oath, in which they undertake to treat any sick patients. If a
nurse or doctor resigns during the pandemic merely to avoid coming
into contact with Covid -19 patients, this might amount to
withholding care. This could constitute gross medical negligence,
which can, in turn, lead to loss of the licence to practise.
However, if there is a sound reason for the resignation, such as
inadequate protective gear, any employee (including a health
professional) would be entitled to resign. This is because every
person is entitled to protect their own life and well-being. Any
employer (including a hospital) must protect its employees
adequately to guard against health risks.

2.7 Page 17

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WHERE CAN WE REPORT ANY LABOUR VIOLATIONS DURING THIS
TIME?
The Ministry of Labour, Industrial Relations and Trade has an SMS
hotline 66111 where any labour violations during this pandemic can
be reported. You can also contact any of the staff at the Ministry
directly, and they will assist you. A list of contact details is provided
below.
Ses a SCE ce
a eee oor
SMS LINE FOR REPORTING ©
RELATED COMPLAATIWONRKTPLSACE
WU a eat eum tert etalk
Pau eet
Sn
aa ri
Se
Deputy Director: etn tne rate
Advice
Mrs Meriam Nicodemus
Acting DeputyDirector: General Services
tee That ge) ete Teg
fee teee n eee
Mis. Maria Hedimbi
Public Relations eiteta
Ms. Anna Salkeus
b| ei
Alblus. Mwiya@mol.gov.na
Tr) 0812805523.
Meriam.Nicodemusi@mol_gov.
Oe sth lst
Quintus Stephanus @
0812684482
Maria Hedimbi@mol.gov.na ;
ndemupenghete@ gmail.com
Oi srr sy)
Anna Salkeus@mol.gov.na ;
salkeusi@ hotmall.co.uk
&: Tere eee aT

2.8 Page 18

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FINAL
WORD
IS A STATE OF EMERGENCY REALLY NECESSARY?
The government had to take drastic action to address the
spread of COVID-19 after having seen the worldwide
impact of this pandemic which has caused severe health
problems and even death. As hard as it is to adhere to
this measures, economically, or socially, we need to
comply for the sake of all Namibians.
WHAT ARE OUR SPECIAL CHALLENGES?
Our hospitals are not sufficiently prepared to address an
outbreak, be it through a lack of Personal Protective
Equipment (PPEs) for use by medical personnel as well the
medical equipment needed to support patients infected
by COVID-19, such as respirators and access to oxygen.
Access to water and hand sanitizers in general are also
lacking.
WHAT IS CORPORATE SOCIAL RESPONSIBILITY (CSR)?
CSR can be loosely described as the social responsibilities
acknowledged by companies. Companies derive their
profits from the very people that will be affected by this
virus. CSR should not, however, be seen as an opportunity
to be used as a publicity event. CSR is not necessarily
advertised. It is the realisation that some are much better
off than the majority of Namibians. It is a moral stance
that appreciates the needs of many and accepts a form
of responsibility to address such inequalities. We ask the
business community in our country to consider the
well-being of all in Namibia at this time, and that they
consider providing some needed assistance for our
country’s response to COVID-19.
It is our people that you are supporting.
A number of corporates are already assisting and are
commended therefor.
The contact for the National Disaster Fund is
Ben Nangombe-Executive at the Ministry of Health
Mobile +264 81127 6800
His details are available on the LAC’ website
www.lac.org.na
It is suggested that any funds donated be earmarked for
a specific purpose.
We are all at risk from COVID-19 — we appeal to the
business community to consider what they can do to
assist. Let us all try to support each other.
Your
Rights in
a Time of
COVID-19
“We are all at
risk from
COVID-19 —- we
appeal to the
business
community to
consider what
they can do to
assist. Let us all
try to support
edch area

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CONTACT US
We want to hear from you!
Give us a phone call or send an
email.
LAC Head Office - Windhoek
PO Box 604
4 Marien Ngouabi Street
Windhoek, Namibia
Tel: +264 61 223356
Fax: +264 6] 234953
Cell: 081 600 0098
Email: info@lac.org.na
LEGAL ASSISTANCE CENTRE
Design and Layout: Sharon Matongo